If you are unable to work or are disabled in Greenville, South Carolina, you may be eligible to receive social security disability benefits. Social security disability benefits are benefits which are paid to you if you qualify as having a disability and have paid enough into social security within the past 10 years. In certain circumstances, you may qualify for Social Security Income (SSI) benefits if you have a disability and low income, but do not have enough work credits to qualify for social security disability benefits.

First and foremost, in order to qualify for social security disability, you must fall under South Carolina’s definition of disability.

What Does Greenville, South Carolina Define as Disabled?

The Social Security Administration (SSA) states that a person who is disabled must be affected by the following factors:

The individual must be unable to perform their work as they did before the disability

The individual’s ability to work must be because of their disability

The individual’s disability must last for at least one year

If you do not have a disability that the SSA lists as a legal disability, but can prove that you fall under the above three requirements, then you may still be eligible for social security disability.

In addition to meeting the SSA’s definition of disability in Greenville, South Carolina, you must also have worked long enough while paying into social security to qualify for benefits. Your eligibility is partially based on work credits, which you must earn while you have been working within the past 10 years. How many work credits you need to be eligible for social security disability will depend on your age as well as when you became disabled.

Typically, most people require 40 credits to be eligible, while 20 of these credits must be earned within the last 10 years. It is important to note, though, that if you are a younger worker, you may be eligible for social security disability if you have fewer credits.

What Should I Do if I Don’t Have Enough Work Credits for SSDI Benefits in Greenville, South Carolina?

If you do not have enough work credits and are of limited income in Greenville, South Carolina, you may still be eligible for social security disability benefits. Whether you are considered of limited income depends entirely on your assets, income and any property you may own.

If you have not worked under social security and do not have the income to support you, you may be able to qualify for SSI benefits. This is why you should contact a lawyer if you are disabled and need help determining if you qualify for benefits.

Will My Social Security Disability Benefits Run Out?

There are ways that your social security disability benefits could run out or be terminated. J. Robert Surface can help.

The Disability Insurance Trust Fund contributes to social security disability insurance and Supplemental Security Income. These funds were expected to run out of coverage in 2016, which would have resulted in a cut for those who were receiving benefits at the time. Congress has since then enacted the Bipartisan Budget Act of 2015, which gave money to the Social Security Trust Fund to ensure that disability benefits remain intact until 2022.

Congress has launched an investigation to deliver a new program to save costs which will make disability benefits sustainable after 2022. Although it is unsure what will happen by 2022, in the case that a cost-saving plan has not been developed by that time, your benefits will not be cut off completely — although they may be reduced.

With that said, there are instances where your disability benefits may be terminated or cut completely. If the SSA determines that you no longer suffer from a disabling condition, they could cut your SSDI benefits. In these cases, you will still receive benefits for another two months before they are stopped all together. If this has happened to you, then an SSDI attorney in Greenville, South Carolina can help. They can explain your legal options and the best ways for your to fight your SSDI termination.

Contact a SSDI Lawyer in Greenville, South Carolina to Discuss Your Legal Options

Navigating through a disability is hard. Not only have you lost your form of income, but you have to deal with the complications and stress of figuring out whether or not you are eligible for social security disability benefits and if they will run out. If you have a disability in Greenville, South Carolina, and are unsure about your social security disability eligibility, contact J. Robert Surface Law today for help through the process. Your SSDI lawyer will educate you on the intricacies of SSDI law as well as on the Bipartisan Budget Act of 2015 and how it may affect your social security disability benefits in 2022.

South Carolina veterans leaving the military with a service-connected medical condition have the right to receive VA disability benefits. Greenville is home to many brave hearts in this situation. Unfortunately, before actually enjoying these benefits, they all have to go through a lengthy and strenuous process that involves filing a VA disability claim, undergoing the C&P Exam, obtaining the VA Disability Rating, and, sometimes, appealing the Rating Authority’s decision. Counting on the help of an experienced Greenville VA disability attorney throughout this process can save them a lot of time and headaches.

Just like everywhere else in the country, for the veterans in Greenville, VA disability benefit calculations depend on the disability rating. In order to make sure they receive the benefits they deserve, it is important for them to understand what the disability rating represents, what its calculation involves, and what they can do if they consider the rating unfair.

The VA Disability Rating and Its Influence on VA Disability Benefits in Greenville, SC

As mentioned above, after filing the claim for VA disability benefits, Greenville veterans have to undergo a C&P exam during which a physician examines them and identifies the exact nature and severity of their conditions. The physician then passes one’s report to the Rating Authorities.

After analyzing the medical report and the other evidence veterans submit with their claim, the Authorities (caseworkers in charge of evaluating the veterans’ conditions and rate them according to the VA Schedule for Rating Disabilities) assign a VA Disability Rating to every condition in the medical report.

Working with a Greenville VA disability attorney from the very beginning of the disability process can help veterans avoid paperwork and support their claims with further medical documents and evaluations proving their disability, so as to make sure they receive the highest disability rating possible in their situation.

Disability Ratings Explained

If you are in need of a VA disability attorney, reach out to Robert J. Surface of Greenville, SC.

The VA Disability Rating basically determines the percentage of the veteran’s body that became disabled as a result of the respective service-related condition or injury. If the veteran has several conditions, the caseworker has to calculate the Total Combined VA Disability Rating.

For this calculation, the authorities consider the entire body of the veteran as 100%. To find out the Total Combined Disability Rating, they deduct each disability percentage, starting with the highest. However, they only deduct the first disability percentage from 100%. They deduct the following percentages from the remaining percentage. Let’s take an example: a veteran with 3 disability ratings: 30% for a knee injury, 20% for a back injury, and 10% for an arm injury.

To calculate the Total Combined Disability Rating, the caseworker will subtract the first 30% from the 100%, the following 20% from the remaining 70% (20% x 70 = 14, 70 – 14 = 56), and the last 10% from the remaining 56% (10% x 56=5.6, 56 – 5.6 = 50.4%). This leaves the veteran with 50.4% of the body functional, and 49.6% (100% – 50.4% = 49.6%) Total Combined Disability Rating. The caseworker then rounds this rating to the nearest 10, so the veteran’s total disability rating becomes 50%.

The Total Combined Disability Rating also takes into account the “Bilateral Factor”, an addition applicable when a veteran has disability ratings for both arms or legs. This factor relies on the idea that a veteran with both arms or legs affected will have a harder time getting by than one with only one arm or leg affected.

In theory, the total bilateral factor adds 10% to one’s disability rating. In practice, it’s not 10% of the total rating, or 10% as a new condition, but 10% of the combined ratings of the arms or legs affected. In some cases, the bilateral factor does not help the veteran at all. In other cases, however, due to the rounding to the nearest 10, it can increase their Total Combined Disability Rating by as much as 10%, and even help the veteran qualify for a higher category of VA disability benefits.

Every 10% added to the Total Combined Disability Rating increases the VA disability benefits Greenville veterans receive. The amounts start from approximately $130 for 10% to almost $3000 for 100%, with further increases available for those with children, spouses, and parents.

Unfortunately, sometimes, C&P exams are superficial and inaccurate and caseworkers make mistakes when calculating one’s Total Combined Disability Rating. That is where a Greenville VA disability attorney can make a difference. Besides being able to evaluate one’s case and identify mistakes, your VA disability attorney can also help you file an appeal and have your disability rating recalculated.

Consult with a VA Disability Attorney in Greenville, South Carolina Today

Do you want to file a VA disability claim in South Carolina and you don’t know where to start and what documents to include? Are you convinced that the caseworker miscalculated your Total Combined Disability Rating and you want to file an appeal? In either case, you need a skilled, knowledgeable, and experienced Greenville VA disability attorney on your side.

With over three decades of experience serving the disabled, Robert J. Surface is the man you need. Your South Carolina disability lawyer can help you obtain all of the VA disability benefits that a Greenville veteran in your situation can receive. Contact us now for a free consultation with a VA disability attorney.

To the extent that conversations about military sexual trauma, at least online, shed little light and often a fair amount of heat, it seems wise to create some sort of primer about what military sexual trauma is and isn’t, who it happens to, and a few other crucial factors.

The cumbersome phrasing, “Military Sexual Trauma” (MST), is codified wording in use by both the U.S. Department of Defense (DoD) and the U.S. Department of Veterans Affairs (VA). At its core, it refers to the entire spectrum of incidents from sexual harassment through sexual assault and rape, including gang rape, that happens in the military. It’s important to note that it isn’t its own diagnosis, per se, with VA; so veterans who disclose to VA that they are MST survivors — and VA screens for that — have it noted in their medical charts but the actual diagnosis is for what MST leads to, for example, frequently Post-Traumatic Stress Disorder (PTSD). Confused already? We understand.

(For the uninitiated, the Department of Defense is the relevant agency while a service member is on active duty or in the guard or reserve. When a service member leaves their military service — “separates,” in the actual lingo — they become a veteran and their primary connection is now with VA, for an array of services, although not all veterans choose to enroll or utilize VA services. Additionally, reservists are not eligible for VA services, which is why they see primary health care providers in their community for diagnosis and treatment. However, fortunately, guard and reservists who have experienced MST are eligible for VA treatment, as is clarified in this fact sheet.)

While technically MST takes place while someone (male, female or transgender) is serving in the military, researchers like RAND typically ask whether the incident took place during the past year, or over the course of the respondent’s military service. (The percentages are obviously quite different.)

To compound the problem, there are various reasons why service members in particular — although veterans as well — under-report these issues. Various issues come into play, including stigma, a sense that little may be done, that there might be repercussions, or that it’s better to just forget about the incident and “drive on” (in military parlance).

In recent research it’s also clear that women veterans in particular are much less likely (by a factor of 4) to report if the perpetrator is in their same military unit.

Another item that needs to be clarified is that both men and women service members, and the transgendered, are susceptible to MST. Some clarification is in order:

It happens to both male and female service members (see graphic above).

Because fewer women serve in the military, the prevalence of these incidents happens much more to female service members. Current figures provided on VA’s website are that 25 percent of women and one percent of men seen by VA healthcare report an MST history upon screening by a provider (U.S. Department of Veterans Affairs, 2015).

(Transgender troops also experience these incidents, but very little research has addressed this small population to date.)

So, the takeaway is:

Raw numbers of assaults for men and women service members = more or less the same. Percentage of incidents for men and women = vastly different. Women absorb most of those, males fewer. That also means, chances of experiencing them is much greater for women than for men.

This also means that reporters, advocates and the general public should ask Pentagon to release their sexual assault reports by base by gender, so that we can have a better understanding again of the differences from base to base and uncover some true problem areas.

Are male survivors sometimes (although rarely) victims of female perpetrators? Yes, and there’s biology that explains how this happens, though discussing it appears to be taboo. “It’s infuriating that the general public doesn’t understand this issue and doubly disturbing that some advocates add to the stigma and shame by spreading misinformation regarding experiences like mine,” says survivor/advocate James Landrith, who’s devoted thousands of hours trying to make this point clear.

Do male and female survivors experience the aftermath of the incidents differently? Yes. Anecdotally, male survivors are more likely to question their sexuality and to struggle with suicidal ideation; whereas female survivors are more likely to struggle with depression and social isolation (one reason why in-person support groups are difficult, but not impossible, for female survivors to attend).

Is there much high-quality material written on this subject? No. Most of the published material to date has been memoirs of survivors, which are very useful for “gaining a picture” of what MST is like to endure, but there are very few sound, well-researched, well-written and comprehensive treatments of the subject from a non-memoir perspective. There are, however, a growing stream of peer-reviewed research articles on the subject which are well worth exploring.

Does the Pentagon (DoD) release data on the subject by gender? Typically not. Would it be useful if they did? Absolutely. Recently I created a series of data visualizations connected to an article here in Huffington Post, setting out for the first time rates of sexual assault reports by base, based on recent Pentagon numbers. (The reports are a combination of restricted and unrestricted, which is a subject for another time or another expert.) They were not, however, reflective of gender — which is a need for future reporting. (An article linking to all the data visualizations is here.)

Are MST survivors sometimes also victims of pre-military and even post-military sexual harassment, assault and rape? Sadly, yes. Should this result in victim-blaming? No. But it is a valid element for discussion? Yes. Could DoD do a better, or even a much better, job screening out potential sexual predators? The answer appears sadly appears to be yes.

Does DoD accept candidates into the military who may have been prior sexual predators? Undoubtedly. Research indicates that answer is yes.

Does MST complicate and unduly affect future life circumstances? Apparently so (not that that’s surprising, really). Looking only at homelessness, recent research published in 2016 in JAMA Psychiatry indicates that for both male and female veterans, experiencing MST is independently associated with homelessness at every interval they studied — from 30 days to five years out. In my own survey of more than 2,500 women veterans from every era, a full 40 percent of respondents — not all of whom had experienced homelessness — had been told by a healthcare provider that they most likely experienced MST in the military. For that group, incidents of homelessness jumped way up when compared to other women veteran respondents.

Is it possible there’s an important distinction to be made between “sexual opportunists” and “serial predators” in the military, of whom serial predators are the more important to screen out? (I’m making those terms up, so far as I know, but there’s wisdom behind why this could matter — in terms of impact, ability to deter, and potential number of victims.)

Does unit culture matter? Yup, apparently. From two key subject matter experts, one from the research world, one from the lived reality/military world, YES. Units that tolerate harassment have worse records with assault and worse. In other words, for optimum impact — stop the problem earlier, at its root.

In Greenville, South Carolina, social security disability benefits are available to individuals who have no or limited ability to work due to physical or mental disabilities through two programs of the U.S. Social Security Administration (SSA). These programs are Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI).

Out of the approximately 9 million U.S. SSDI beneficiaries and 8 million SSI beneficiaries, 35.2% based their application on mental health conditions. However, the process of applying and having one’s application for social security disability benefits in Greenville is anything but simple or short. To make it easier, many applicants choose to hire a Greenville social security disability attorney. Here is why:

The Challenges of Applying for Social Security Disability Benefits in Greenville, SC

Many applicants are under the wrong impression that all they have to do in order to receive social security disability benefits is to file a claim documenting their disability, attend a medical evaluation, and receive the answer to their claim. They expect to solve everything in a couple of months, but the waiting period is much longer and, unfortunately, often ends with a negative answer.

Not sure if your mental illness qualifies for social security disability benefits? Reach out to the Robert Surface Law Firm today.

Nationwide, the period for reviewing social security disability claims revolves around half a year or more. In South Carolina, it comes close to 1 year. According to the Disability Benefits Center, the Office of Disability Adjudication and Review takes 349 days on average only to schedule a hearing. As if this were not enough, the claim filing and review process is quite complex and challenging. Here is a brief overview of the main steps:

Filing the Claim for social security disability benefits in Greenville – This step involves filling out form SSA-3368 no matter of how many conditions the applicant suffers, or whether they are physical or mental. Needless to say, the claim should include supporting documents. To make sure they fill in the form correctly and they include all the necessary documents, many applicants prefer to hire a Greenville social security disability attorney.

Claim verification – A disability examiner will be in charge of this step and the next. In order to complete it, the examiner will send letters requesting medical evidence of record to all treatment providers in the claim, and any other providers that may appear in the applicant’s medical records.

Claim evaluation – The disability examiner will evaluate all treatment records in order to determine whether the applicant has any functional limitations that make one unable to work and eligible for social security benefits. If the examiners discover any loose ends or incomplete information, they can send letters to the applicants asking them for clarifications, missing documents, or further evidence.

The disability hearing – It takes place in front of the Administrative Law Judge and its purpose is to confirm the information in the disability claim, clarify any aspects the examiner may consider confusing, and determine the following:

One’s ability to understand, remember, and perform simple tasks according to instructions

One’s ability to make simple work-related decisions and recognize workplace dangers and hazards

One’s capacity to respond adequately in various work situations and to interact with work supervisors and colleagues

One’s adaptability and reactions to workplace changes

The answer to the disability claim – It usually arrives within 2-3 months from the disability hearing. Unfortunately, as if the overall waiting time ranging between 1 and 2 years were not enough, most of the claims for social security disability benefits in Greenville, South Carolina receive negative answers.

Although applicants have the right to appeal denied claims, the waiting time for appeal hearings is even longer than the one for preliminary hearings. This would mean applicants may have to wait up to four years in order to start receiving their Greenville social security disability benefits. Their best chance of improving their odds and avoiding an appeal is to hire an attorney.

The Importance of Working with a Greenville Social Security Disability Attorney

Social security disability claims based on mental illnesses are more difficult to prove. The attorney will take over the claim process, from filling in the above-mentioned form to gathering the support documents and filing them.

The attorney will also help the applicant prepare for the hearing in front of the administrative law judge, and provide assistance throughout the hearing. With an attorney on one’s side, proving mental disability is much easier. In fact, statistics show that claims filed with the help of an attorney are more likely to receive a positive verdict than claims applicants file on their own.

Do you want to know if you are eligible for social security disability benefits and receive help with your claim if you are? Hire an experienced Greenville social security disability attorney like J. Robert Surface, and you’ll receive all the answers and help you need. Call (864) 300-4994 of use the contact form and schedule a free consultation now!

Receiving an honorable discharge from a branch of the military service means going back to civilian life. For those who happen to be injured or disabled, that transition means finding the right treatment program close to home and making sure that veterans’ disability benefits are covering what is necessary. When something unexpected occurs, and you need to fight for those disability benefits, that is the time to reach out to legal counsel.

A lawyer who understands the process of filing claims and handling the steps to fight for veterans’ disability benefits can help you handle the process efficiently and as quickly as that process can be handled. Results are never instant, but they can be reached in a more timely manner with the assistance of a knowledgeable legal counsel.

Common Issues that May Receive a Denial but Are Covered

There are certain situations where medical impact is well-documented in regard to past military conflicts and the medical conditions that resulted. For example, exposure to Agent Orange in Vietnam or the Korean War has resulted in cancer, skin conditions, heart disease, issues with organs and diabetes, to name a few conditions. This exposure also may have resulted in having children with birth defects. All of this is recognized by Veterans Affairs and makes the veteran eligible for certain benefits or medical coverage. However, not every veteran that applies receives the immediate approval of a claim.

In those cases, a veterans’ disability lawyer can help adjust the claim and meet the necessary expectations to have the claim approved, and the veteran receives the benefits they should be receiving.

Other situations that are recognized by the VA include Gulf War Syndrome, Post Traumatic Stress Disorder, Bile Duct Cancer and total disability due to injuries sustained while on active duty (Total Disability Based on Individual Unemployability).

Despite the fact that these and numerous other conditions are recognized and those veterans are entitled to benefits, the sad fact is that most first claims are denied. This means entering the complex and time-consuming appeals process, which is where most of the veterans find themselves shortly after their discharge, particularly if they suffer injuries during service.

Working with a lawyer that knows the ins and outs of such a complex appeals process can help alleviate stress and frustration for the veteran and his or her loved ones, particularly those juggling medical treatment for the condition and attempting to determine how to pay for the medical bills and day-to-day expenses when most of their time is spent at a doctor’s office or treatment facility.

The veterans’ disability lawyer can help you understand what diagnosis or other medical documentation will be needed to prove the claim is valid. During the wait time, which there will inevitably be, for the appeals process to move forward, you can be arranging those appointments and gathering that documentation. This can help move the process forward in a timely manner as well since you have the advice of legal counsel and are aware of needed documentation before making a trip to a hearing or review.

What Disability Benefits Are Offered for Veterans in South Carolina?

Some benefits are provided differently in different states. Therefore, veterans who return home to the state of South Carolina should be aware of the general range of benefits available and the opportunities to take advantage of these benefits.

Housing benefits are offered for veterans in South Carolina. The housing is specially renovated to offer ease of movement for those who are paralyzed from the waist down or on one half of their body. There are also three nursing home facilities in the state that offer care for veterans: the E. Roy Stone Jr. Pavilion in Columbia, the Richard Michael Campbell Veterans Nursing home in Anderson and the Veterans’ Victory House in Walterboro.

Veterans also are entitled to exemption from income tax on their retirement pay, a Homestead exemption on property taxes if they are deemed disabled by the VA and exemption from municipal parking fees when the vehicle is marked with a disabled veterans’ tag or a license plate with either a Medal of Honor or a Purple Heart.

Other benefits include a reduced rate to visit state parks in South Carolina, free hunting and fishing licenses and even free tuition for children of certain war veterans.

In fact, there are a number of benefits clearly outlined by the South Carolina Division of Veterans’ Affairs, and those include both the benefits outlined above and numerous other rights and credits. With the amount of benefits and potential eligibility for each veteran, it is likely that handling things on your own can lead to missing something.

When it comes to medical claims or claims for benefits, the number of veterans and the way the system is handled leads to backlog, and it can mean a long wait or a situation where things are not handled appropriately. This means legal representation can make the difference in your specific case.

Up until 2007, veterans were required to handle claims and appeals a certain way, and that included the use of only VA-approved legal representation. Following that year, a change was made to allow veterans to hire the lawyer of their choice. This can help the veteran in a number of ways, increasing the chances that their case can be handled in a more timely manner.

Working with a lawyer and handling the details of veterans’ disability benefits can help alleviate some of the stress and struggle related to the proceedings. In order to better understand the process and what is required of you, it is important to find a lawyer that handles these cases regularly and has an understanding of the process themselves.

Meet with a Veterans’ Disability Lawyer in Greenville, South Carolina

For concerns related to social security disability and veterans with a disability, get in touch with J. Robert Surface, Attorney at Law. Call 864-300-4994 to find the assistance you need to seek the compensation and disability benefits you deserve.

No one wants to deal with a scenario where they are required to file for social security disability. In the US and in the state of South Carolina, eligibility is guaranteed if an individual has been employed and had FICA taken out of their paychecks. That individual must also be insured and be able to prove the existence of a medical condition that prevents them from working to support themselves.

The Social Security Administration only entertains claims for full disability. Short-term and partial disability claims are denied upon receipt. For those claiming total disability, the following three conditions must be met:

Not sure if you should hire a social security disability attorney? Contact J. Robert Surface, Attorney at Law today!

The career the individual had previously is no longer an option

The medical condition prevents adjusting to another type of employment

The medical condition will last longer than one year and will eventually be the direct cause of death for the individual.

The process typically is lengthy and has people down to the wire in terms of financial stability, encouraging the individual to file on their own behalf rather than retaining legal counsel. However, individuals who file for themselves in regard to social security disability tend to have the initial claim denied and are forced to appeal at least once in order to receive their benefits.

For people who work with an attorney who has handled social security disability cases previously, the chance of the initial claim being approved increases substantially. That is why it is a smart move to get in touch with a lawyer prior to that first attempt to file.

In the event you have already filed and have had the claim denied, there is no better time than now to get in touch with legal counsel. The lawyer can help adjust the way the claim is filed to present the issue clearly. There are times, for example, that the physician’s diagnosis is a hindrance rather than a help in the filing process. Meanwhile, it is also possible that the answer to questions on the initial paperwork was not answered in a clear manner, and this led to the claim denial.

What is the Next Step When an Initial Social Security Disability Claim is Denied?

The appeals process has four levels if the initial claim is denied: the first is reconsideration; the next is a hearing in front of a judge, the next is a review that takes place in front of an appeals court and the final step is a federal court review. Following each step, the lawyer that is working on the case will receive a letter detailing the decision made by the board. In the event that the case goes to a hearing, the lawyer is the best person to gather all pertinent medical history and present the information that makes the board fully aware of the individual’s limitations and related inability to work to support themselves.

What Does the State of South Carolina Say About Social Security Disability Benefits?

Individuals who are struggling with the process can visit resources like the Social Security Disability SSI Resource Center. This website reports that roughly one-quarter of the claims filed in South Carolina for disability get approved. This means three-quarters of the individuals who file for disability in the state have that initial claim denied.

There are two ways to file for disability in South Carolina: online or at the local social security office. It is important to note, however, that an SSI claim cannot be filed online. Therefore, for individuals who expect their disability and SSI to be concurrent, it is better to plan a trip to the local office to be able to file appropriately. It is also important to note that filing online must be done without the benefit of asking questions of an actual employee of the social security office. If there is anything confusing about the process or any aspects of the filing process, require clarification to be handled properly, a visit to the local office becomes necessary rather than an option.

The disability interview is the most important step to the filing process. This allows the individual who is unable to provide medical evidence of their conditions to support themselves. It is important to bring all documentation to this meeting, from the current information detailing disability to the initial documentation of the condition. This can help Social Security determine what back pay, if any, should be awarded to the individual who is filing. A complete work history of the 15 years prior to becoming disabled is also necessary. This allows Social Security to understand the requirements of the individual’s job and the limitations they currently face that require the decision to file for social security disability.

All of this and more is required to make sure the Social Security Administration can make an informed decision regarding the disability claim. For those who deal with diminished mental faculties, it is even more important to have a legal counsel for this process. That lawyer is an objective adult that can oversee the evidence gathering and keep track of any areas where information still needs to be attained to solidify the disability claim.

It is also important to note that there is a social security disability program and an SSI disability program. Those who do not meet the criteria for the first program (either because they are not insured or have lost status because they have not been able to work for an extended period of time) may qualify for the second program. Having legal counsel that can help with this type of information and direct the legal process can be the difference in receiving benefits more quickly or having the process drawn out for a long time and struggling to survive until the decision is made in the claimant’s favor.

Consult with a South Carolina Social Security Disability Attorney

Get in touch with J. Robert Surface, Attorney at Law by calling 864-300-4994 today. You will find the assistance you need to deal with issues related to social security disability or veterans’ disability once you make the call and arrange for a consultation.

There is often a lot of confusion when it comes to the similarities and differences between a Social Security Disability (SSD) claim and that of the veteran disability program. The VA disability program is designed to assist veterans that have been injured while on duty. Many that lack the proper information often assume that these two programs are similar because someone eligible for assistance under the VA Disability program may also receive benefits from social security disability. However, there are many differences between these two programs. Letting a skilled South Carolina veteran’s disability attorney look at the specifics of your case can help you determine the best decision for your interests.

There are different funding sources for Social Security Disability and that of VA benefits. Social Security Disability is basically an insurance program that is created to give a portion of your earnings back to insured workers who are unable to continue to perform work at a level that is substantial and gainful. The monetary funds used to pay Social Security Disability claims comes from the worker’s paid taxes under the Self-Employment Contributions Act and the Federal Insurance Contributions Act. VA Disability, however, is not considered to be insurance. VA disability is purely a compensation program that awards benefits to our country’s veterans who have endured an injury while in the military. Veteran disability is funded by a particular budget for the Veterans Administration rather than the taxes paid by military workers.

Not sure if you should file for veteran disability benefits? Contact J. Robert Surface Law Firm for a consultation today!

The Social Security Disability system operates on a whole pie or no pie at all status. In other words, for you to be eligible for Social Security Disability benefits, you must prove without a doubt that you are unable to work a day to day job to the degree where you can earn a liveable wage. Those who are unable to prove that their disability keeps them from their ability to work will receive nothing. Those who are able to prove that their disability does in fact keep them from working at a liveable wage will more than likely receive disability benefits. In regards to VA disability, there are percentages of disability and what amount of benefits one can receive. For example, it is possible to claim forty percent of the available benefits. Under VA Disability you are allowed to earn as much as your disability allows you to be capable of. Whereas those just filing for disability are only allowed to earn up to a certain amount a month through non physically demanding labor. The reason for this difference is because Social Security Disability is considered an entitlement, while VA Disability is seen as an obligation that our nation owes to our veterans.

What is the South Carolina Social Security Disability Process?

If you are filing a claim through the VA disability system, obtaining benefits may not take as long as the process of claiming Social Security Disability (SSD). Those seeking SSD benefits may end up going through several steps, which can take up to two full years to complete. The first claim must be filed and usually only has a thirty percent acceptance rate, the other seventy percent end up in denials. The seventy percent that are denied will usually seek to make another claim or take the process one step further to the reconsideration step. If this appeal known as the reconsideration step fails, then one can continue forward and ask for a hearing. This will involve a day in court, where an Administrative Law Judge will take all the evidence presented and then make a decision. In the case that this step of the process fails, the next step to take is to submit your case to the Appeals Council. Finally, if the Appeals Council once again is a failed step, you can lastly appeal to the Federal District Court. As you can see, this whole appeals process can become quite lengthy by the final result.

What is the South Carolina Veteran Disability Process?

On an easier note, the VA Disability process only has two steps. The first step is for the eligible person to prove that he or she was a military veteran who did not leave due to a dishonorable discharge. The second step will be proving that the injuries that were sustained were an actual result from that person’s military service. Usually in VA Disability cases where the injury sustained cannot be conclusively attributed to the person’s military duty, the benefit of the doubt is given. Veteran Disability claims have a policy commonly known as “presumptive conditions” which makes it common knowledge that certain illnesses are related to military duty. As an example, Vietnam veterans who were plagued by exposure to Agent Orange, who have mysterious illnesses are all entitled to VA disability. The same goes for veterans who are diagnosed with chronic illnesses less than a year after their discharges. Once it is decided that an illness has resulted from one’s military duty, the degree to how much it affects the veteran is calculated and in turn the compensation is decided for that veteran.

The Social Security Disability Program is a lot larger than that of the VA Disability program. By the end of 2009, there were around 7.7 million people receiving Social Security Disability benefits. The VA disability program had 3.1 million eligible applicants at the end of that same year. The monthly average payment for those receiving VA Disability is over double what those on Social Security Disability are given. Veterans are allowed to apply for Social Security benefits too if they choose to. here are many veterans that receive payment from both programs. One can not be penalized in any way for receiving payments from both programs.

Consult with a South Carolina Disability Attorney Today

As one can tell, there are many ins and outs to understanding Social Security Disability and VA Disability. Many applications are denied upon completion, so it is in your best interests to seek legal counsel from a skilled South Carolina disability attorney. Robert Surface has years of experience working with veterans to help them gain the benefits they deserve. If your claim has been denied or you are looking to begin the process of filing a claim, please contact the Greenville office of Robert Surface. His legal team is awaiting your call, and they are ready to help you throughout this complex process.

She tried to take her own life eight times in one year while serving as a soldier in the 4th Infantry Division in 2008. The stressors of combat, losing a couple of very close friends in battle and adapting to life back in the U.S. after serving in Iraq was too much for her to handle.

And when she left the Army a few months later after being assigned to a wounded warrior unit – and she came back to Fresno where she grew up – things didn’t get any better. But she went to VA for help, and the process of healing began.

Alexandrea Gries, now a peer support specialist with the VA Central California Health Care System, has come a long way in eight years thanks to the VA in Fresno and the people who work there, she said.

Starting out at the VA as a volunteer and work study student, escorting patients by wheelchair and working in the canteen store, the kitchen and then the coffee shop – Gries said she realized right away VA was a place she could relate to, and the people there were people she could relate with.

“I developed a very strong kinship,” Gries said. “I love these people, and this is the only family I have now.”

“Alexandrea Gries is a true leader. She has impacted so many lives in a positive way, and she’s been through so much,” said Mary Golden, the VA CCHCS Voluntarily Service Program manager.

Pushing Wheel Chairs Nine Hours a Day – “I love these Vets.”

Although she knows she’ll probably never fully recover from the scars of war, Gries said she believes the healing starts with sharing her experiences with others.

“I slit my wrist in December of 2008 and ended up in a hospital. I was fully intent on ending my own life,” said Gries, who suffers from both Post Traumatic Stress Disorder and Military Sexual Trauma. “I developed an infatuation with death, and all I could focus on was killing myself.”

A lot has changed since then, though, she said.

“When I first started working at the VA as a volunteer, I pushed wheelchairs six days a week, nine hours a day. But I love these Vets, and I didn’t do it for any reason other than that,” said Gries, who served as a .50-caliber machine-gunner during convoy missions in Iraq.

Gries said that while in Iraq, her roommate there was killed by a suicide bomber. Three weeks later, she watched one of her best friends die from a single sniper round on the side of the road.

“I had survivor’s remorse for a very long time, and I’m still recovering, but the VA is probably the single biggest reason why I’m still alive. And I’m not going anywhere.”

Gries works for the homeless program under VA CCHCS’ Social Work Service. She’s now a full-time employee with the VA, and her work puts her directly in front of Veterans in need nearly every day.

“I try to share my experiences with these Veterans and help them overcome their own obstacles and issues,” she said.

“Helps them understand they are not alone.”

Her area of responsibility, the counties of Tulare and Fresno, encompass an area that includes many Veterans in need – some who are homeless or living in poverty and some who are experiencing the same suicidal ideologies she did.

“It’s okay to talk about things like suicide openly with other people – with other Veterans. When I do I start to feel better, and I can see they start to feel better too,” said Gries. “It helps them to understand they’re not alone.”

“My job is to share my experiences and build trust so they too will seek help from the VA.”

And to this day, Gries continues to seek help from the VA herself.

She facilitates a peer support group once a month and sees a counselor regularly for her PTSD and Military Sexual Trauma. She also uses the Women’s Health Clinic at the VA regularly, and she recently applied for and was granted a VA Home Loan. The VA has connected her with non-VA resources, as well. She owns a beautiful service dog named Sherman who she received from Operation Freedom Paws, and she sees a speech therapist using the VA’s Choice program.

“Helping my fellow Veterans at the VA has made me whole again,” said Gries. “At this point, I wouldn’t dream of doing anything else.”

If you or anyone you know is experiencing suicidal thoughts, please call the Veterans Crisis Line at 1-800-273-8255, and press 1.

About the author: Cameron Porter is a Public Affairs Officer at the VA Central California Health Care System.

Every year thousands of people claim disability benefits in South Carolina. Unfortunately, it is not as easy and simple as one would imagine. All applications concernigna claim for disability are submitted to the Social Security Office that is closest to you.

What is the process for submitting a claim?

Your application must be submitted to Social Security Disability Resources. It is important to ensure that all the

If you need help with your social security claim, contact Robert Surface today!

necessary documentation is included in your application. The documentation includes medical records, medical and psychological evidence, continuing disability review and a statement by the applicant.

There are three different ways in which you can submit a claim. You can visit the SSA (Social Security Administration) offices and file your claim in person. If you are unable to visit the office in person you can submit your claim via the website or by telephone.

After you have filed the application, you must then do an application interview. This interview can be seen as the start of the process. Disabled adults and children must be present when the interview is conducted. During this interview, all relevant medical information must be presented. During the interview, a list of medical treatments must be presented. Keep in mind that the information must go back right up to the point where the disability first “started” or diagnosed. The reason for this is that the administration needs to verify whether the person is still disabled. The start of the disability is used to determine back pay if there is any owed. Remember to take as much information as possible to this interview. The information must include contact information for all doctors, hospitals and other medical personnel where treatment was received. Ensure that all the contact information is up to date as the examiner will use this information to obtain medical records and other medical information.

Adults must submit a detailed work history of at least 15years prior to becoming disabled. All the information supplied must be as accurate and detailed as possible. This will allow the examiner to determine the previous jobs that the claimant held as well as the skill level that the claimant possesses. It is important to include job titles as well as all duties.

It is a good idea to write down your entire job history as well as all medical treatments that were received before the disability occurred. This will ensure that the examiner gets the entire picture and not just the information for what happened after the injury or illness.

After the claim was submitted to the social security office it will be transferred to the state disability agency or the disability determination services. The examiner will use all the information supplied to determine the value and validity of the claim.

The examiner determines two main elements of the claim. The first is to determine whether the claimant’s illness or injury falls within the definition of disability as set out by the state’s law. In the impairment manual or the blue book are a list of a set of disabilities and illnesses. If your injury or illness falls outside the scope of the blue book, the examiner will go through your medical records to determine whether you are entitled to any benefits.

The other element that the examiner will determine is what the extension is the limitations that the claimant faces. Both elements will be taken into consideration when the amount or validity of the claim is determined.

What happens if my claim is denied?

It is important to notice that the initial process can take up to four months to complete. After this initial process, there is a 70% chance that your claim will be denied. This will result in an even longer process, and can take up to two years to finalize.

Your first step that you can take after your claim is denied is called a Request for Reconsideration. During this process, about 80% of claims are denied again. Unfortunately, this happens regularly, and for you to be able to get the benefit you are entitled to, you must appear before an Administration Law Judge.

Keep in mind that in South Carolina, you must wait 338 days for the hearing to be scheduled. It will take anything between 341 and 481 days to get a hearing date. After your hearing, it will take up to three months to hear whether the judge decided in your favor or not.

When do I need to call my lawyer?

The moment that you realize you need to claim disability, is the moment you need to call your lawyer. Most lawyers take on these cases on a contingency basis, which means that you do not pay them for their services. Their bill is settled only when you receive a settlement and is capped at 25% of the settlement amount to a maximum of $6000. This system ensures that you get the proper legal representation that you are entitled to because if you do not get a settlement, then the lawyer does not get paid.

Research has shown that applicants who retain legal advice have an increased chance of getting a settlement in their favor. The reason for this is that the lawyers ensure that all paperwork is done correctly. They also ensure that all details and information that you supply is extensive and correct. During the initial interview, your lawyer will be able to represent your best interests.

Lawyers are very clued up with the process. You might think that filling out a form is just plain and simple, but it just not stays with forms. If you are one of the unlucky ones that will need to appear before a judge, the legal process can be intimidating. If you feel intimidated then it might impact your case negatively. Looking at the statistics of only 30% applicants being successful on their first try and only 20% being successful on their appeal, it is a really good idea to get someone, like your lawyer to help you with the process. When you are injured and permanently disabled, your whole world has turned upside down, you do not need to wait to two years to get the benefits that you are entitled to.

The military veterans have given up so much for the freedom of our nation that it is essential that they receive all the benefits to which they are entitled. Most veterans are aware that they are eligible for some benefits but are unsure which ones. The other problem is that veterans who were injured during active duty or the loved ones that are left behind when military personnel dies on duty are entitled to different benefits.

What are military veteran benefits?

This is not a simple question to answer. Veteran benefits take on various forms, from discounts at grocery stores to tax deductions. There national veteran benefits and state-level benefits.

Veteran benefits in South Carolina

The housing benefit

South Carolina offers additional housing benefits to service men and women who were left disabled during their

If you’re a Veteran who is in need of a Disability Lawyer, contact Robert Surface of Greenville, SC

active duty. There are state veteran nursing homes available to veterans who were discharged honorably, in need of skilled or intermediate nursing care or who are South Carolina residents. The state has three nursing especially for the veterans: the E. Roy Stone Jr., Pavilion in Columbia, the Richard Michael Campbell Veterans Nursing Home in Anderson, and the Veterans’ Victory House in Walterboro.

If the veteran is not in need of specialized care, the state has alternative housing benefits for them. The Specially Adapted housing benefit, allows for veterans who lost the use of their limbs, such as being paralyzed or having a limb amputated, to be exempt from state, county, and municipal taxes. You can also qualify for these benefits if you have brain injuries that have left you paralyzed on one side of your body.

Tax benefits

Veterans are allowed to deduct $3,000 from their S.C. State tax returns up to the age of 65, and there after it is $10,000. However, if the veteran was left permanently disabled, there are more tax benefits to which veterans are entitled.

In South Carolina, federal taxes exempt any money that is received from the U.S. Department of Veterans Affairs whether it is for pension or compensation. The state also does not tax any disability pay from the Armed Forces.

State Employment and Educational Benefit

Veterans who are interested in state or public positions will be given preference. However, they must qualify for the job in terms of qualifications. They are also entitled to return to their previous positions if they are done with their military service.

Children of wartime veterans are allowed to be exempt from intuition fees if they choose to go to a state-funded institution. Wartime veterans are members who served during the Gulf War, Korean wars, Vietnam wars, WW1 and WW2.

Monetary Benefits for South Carolina veterans

If you were left at least 10% disabled due to an injury or illness during your service, then you are allowed to claim disability compensation. It is paid to you on a monthly basis and is tax-free. Disability compensation can be paid for physical conditions such as a chronic back injury or mental conditions such as post traumatic stress disorder.

The amount you will receive is based on the percentage of your disability. You can receive anything between 10% and 100%. If you have dependants and your combined disability is more than 30%, you are eligible for more benefits. However, the benefits that you are already receiving, such as disability severance pay, is offset against the additional benefit.

If you want to claim this benefits, there are certain documentation that is required. Medical evidence of your current state of health as well as evidence of the correlation between the injuries and your military service. It is advisable to retain the services on an attorney, to ensure that you get all the benefits to which you are entitled.

Additional benefits in South Carolina

If you were injured during your service, received certain awards, are a Purple Heart recipient or were left permanently disabled, then you are entitled to special license plates. Keep in mind that with certain special license plates, such as a disability tag or Purple Heart Number plate, you are exempt from parking fees in the entire state. These number plates are available where small cost was they are even for free.

Veterans who are left permanently disabled are entitled to receive hunting and fishing permits for free and also entitled to enter state parks at a reduced admission fee.

The burial benefits are available to all veterans who are South Carolina residents and were discharged honorably. The cemetery is in Anderson, and include all funeral costs. During the funeral, the family of the veteran will be presented with a state flag by the State Adjutant General’s office.

Do I need to call my lawyer?

Most veterans are faced by a moral dilemma after they are discharged from military services. When you are left permanently disabled due to an injury or illness you suffered during active duty, your whole life changes. As well as that of your family. You are entitled to veteran benefits, and even more, if you were left disabled. You gave your life to the military, and it is their duty to support you. Unfortunately, sometimes veterans fall through the cracks of the system and are left behind. If you were injured, you know it is a very traumatic experience. You will need help to deal with all this, as well as help to your family.

It is understandable that you would not want to get your lawyer involved to help you claim benefits. But it is sometimes necessary. An experienced lawyer will put you and your family’s needs first, ensuring that all these needs are met.

It might happen that the military does not want to pay your benefit claim or you are denied additional deserved benefits, which is when an experienced lawyer that know how to navigate such situations is needed. A skilled attorney is familiar with all the laws and processes and will ensure that the correct route is followed. They also know when and where to appeal should the need arise.

Attorney Robert Surface

J. Robert Surface grew up in Charleston County, South Carolina, in a devout, hard-working Christian family. His father retired from the US Navy as a Chief and raised his sons and daughters in a strict environ... Meet J. Robert Surface.